DR. ROBERT P. WALLER HOUSE
Block 7
Lots 18, 19 and 43

LOCATION OF LOT:

Lot 18, known in Williamsburg at the present time as the "Robert P. Waller Lot," lies on the east side of the street leading from Williamsburg to the Capitol Landing. Lots 19 and 43 lie just behind and to the east of lot 18. On William Waller's map (1749), which was recorded in York County, Deed Book V, 334, no name appears on lots 18, 19, or 43. However, from several deeds of this period (May 1, 1763), it seems certain that these lots were a part of the large tract of land which Mann Page sold to Benjamin Waller. (York County Records, Deeds VII, 4). This piece of land which lay east of the Capitol is described in Hening's Statutes under the Act of 1744. (Hening, V, 277- 78). In 1756, these lots were added to the city of Williamsburg. (Hening, VII, 54).

WALLER FAMILY - connections in Williamsburg and in England:

The Benjamin Waller referred to above, was the grandfather of Robert P. Waller, owner of lots 18, 19, and 43 in the nineteenth century. Benjamin Waller, was a large landowner in Williamsburg, and in York and James City Counties. For many years he served as a member of the House of Burgesses, and as a judge of the General Court and the Court of Admiralty. According to the family records (see Illustration #6 in Appendix) Judge Waller was the son of Colonel John Waller, Burgess from King William County, and Clerk of Spotsylvania County, Virginia; and a nephew of Dr. Edmund Waller of St. John's College, Cambridge, England (d. 1745). There is undoubtedly a close connection between the English poet, Edmund Waller (d. 1687), and the Williamsburg Wallers. The names, "Edmund," "Hardress," and "Benjamin" appear in the family both in England and in Virginia for several generations. Sir Hardress Waller lived in England in the time of Charles I.

HISTORY OF WALLER LOTS -- 18, 19 and 43

About the middle of the eighteenth century Benjamin Waller and wife, of
2
Williamsburg, deeded two pieces or lots of land lying along the street leading to Queen Mary's Port, to Benjamin Powell. Although the deed mentioned only lots 19 and 43 by number, it is clear from the description given in the deed that lot 18 was a part of this tract:

Two pieces, parcels or lots of land lying and being in the city of Williamsburg aforesaid in the Parish of Bruton, County of York and bounded as followeth, to-wit: Beginning at the Southeast [sic] corner of Waller Street, thence down the street leading to Queen Mary's Port 10 poles, thence South 89 degrees and an half East 15 poles, thence South½degree West 10 poles to Waller Street, thence up the said street 15 poles to the beginning. Which said lots are denoted in the plan of the said city by the figures 19, 43, and is part of a larger tract of land purchased by Benjamin Waller of Mann Page.

(York County Records, Deeds VIII, 4)

A study of the Frenchman's Map (c. 1782) shots a large house on lot 18. This house, evidently a dwelling house, faces upon Waller Street. The map shows a smaller, long, narrow house to the southeast on the lot, and two outhouses to the rear. One outhouse, perhaps, is a kitchen; the other, a stable. (See drawing from the Frenchman's Map, Illustration #3; also, architect's drawing to scale of these lots from the Waller Map, Illustration #3)

On June 17, 1782, Benjamin Powell conveyed two lots to
Zachariah Rowland for 340 pounds:

"Two pieces, parcels of lots of land lying and being in the city of Williamsburg, Bruton Parish, York County, bounded as follows: Beginning at the Southwest corner of Waller Street, thence down the street leading to Queen Mary's Port 10 poles, thence South 89½ degrees East 15 poles, thence South½degree West 10 poles to Waller Street, thence up the said street 15 poles to the beginning, which said lots are denoted in the plan thereof by the figures 19 and 43, and were purchased by the said Benjamin Powell of Benjamin Waller, May 1, 1763.
All houses, buildings, etc."(York County Records, Deeds VI, 118)

3

On July 6, 1786, Zachariah Rowland and wife conveyed to Patrick Robertson lots 19 and 43 as above described. (York County Records, Deeds VII, 44). These lots were sold by Robertson and wife on October 1, 1791, to Benjamin Carter Waller, who was a son of Benjamin Waller, their early owner:

Two pieces, parcels or lots of ground lying and being in the city of Williamsburg, Parish of Bruton, County of York, being the same lots whereon the said Benjamin Carter Waller now lives, and which were sold and conveyed unto the said Patrick Robertson by Zachariah Rowland and Peggy, his wife, July 6, 1786, and bounded as follows: Beginning at the Southwest corner of Waller Street, thence down the Street leading to Queen Mary's Port 10 poles thence South 89 degrees and a half East 15 poles, thence South½degree, West 10 poles to Wallers Street, thence up the said street 15 poles to the beginning, and denoted in the plan of the said city by the figures 19 and 43.
All houses, buildings…

(York County Records, Deeds VII, 44)

It is quite evident from the wording of this deed that Benjamin C. Waller was already living on lots 19 and 43 which lie behind and to the east of lot 18 before October, 1791.1 At this time he was thirty-four years of age. According to the
4
Waller Bible records, he had been married fourteen years.

The city plat map at the College of William and Mary (c. 1800) gives "B. Waller" as owner of lot 18.1 This map shows, also, that "B. Waller" was in possession of lots 7 through 17 on the Capitol Landing Road, which group of lots adjoined lots 18, 19 and 43. Since lot 18 bears the name "B. Waller" on the College Map, and since Benjamin Carter Waller owned lots l9 and 43 and livedon these lots in 1791 as shown in the deed above cited, it seems safe to state that Waller's property on the eastsideofWallerStreet as described in above deeds (1763, 1782, 1791) embraced all of these lots. It is also certain that before October, 1791, he was living on lots 18, 19 and 43. (See p. 3). The drawing to scale seems to indicate that these lots were less than a half-acre in size. (See Illustration #3 in Appendix). There are other records of Benjamin Carter Waller's house or houses in Williamsburg about this date. In Ledger B of Humphrey Harwood, carpenter,
these accounts are found:
5

These charges must have been made to Benjamin Carter Waller because his father, Benjamin Waller, died on May1,1786, and most of this work was done afterDecember, 1786. It is
well to note from the Ledger, October 10, 1799, that Benjamin Waller's house in
Williamsburg was a large house:

To white-washing 18 Rooms at 2/ £1.16
To do 7 Closets at 1/6 10.6(Ledger of Harwood, C, 20, Illustration #2 in Appendix)

As there were several Waller houses in Williamsburg at this time, one cannot be sure on which house these repairs were made.

It can be stated with certainty, however, that Benjamin Carter Waller was living on the Capitol Landing Road before January, 1791, on
land which was on the west side of the Capitol Landing Road known in 1794 as the "Bellett Lots."1 This
6
lot, of course, is not lot 18 as it is located on the west side of the street and lot 18 is located on the eastside of the street. It is mentioned to show that Waller had as many as tworesidences in the city. Furthermore, as has been noted, the Frenchman's Map places the
dwelling-house on this property on what is obviously lot 18.

In a list of tithables for Williamsburg in 1801, the name of Benjamin C. Waller appears as declaring 4 tithes. (File B-100, York
County Clerk's Office)

The records around 1791 to 1814 are vague and show little of the lots or lands held by Benjamin C. Waller. The lands in York County are listed in the Appendix to this house history because they give us a complete land-history of Waller. Little can be found at this period about his lots in Williamsburg. He made, in 1814, a deed of gift of a part of his residence-lot to his son, Robert Page Waller who is known as "Robert P. Waller" in many legal papers. This deed of gift embraces a part of lot 18:

March 28, 1814.Waller
to
Waller
Gift

This Indenture made this 28th day of March in the year of our Lord one thousand Eight hundred and fourteen. Between Benjamin C. Waller of the City of Williamsburg of the one part and Robert P. Waller of the same place of the other part-… He the said Benjamin C. Waller Hath granted, bargained, and sold,…unto the said Robert P. Waller his Heirs and Assigns, The house in which he the said Robert P. Waller at present resides, and a part of the lott upon which it stands — which said house is at present used by the said Robert P. Waller as a Doctor's Shop — and stands upon the Lott upon which the dwelling house of the said Benjamin C. Waller is; the said part of Lott commencing from the said House in which the said Robert P. Waller resides and running back from the corners of the said house in two streight lines to a line of pales enclosing the garden of the said Benjamin C. Waller on the West side thereof which said house and part of a Lott are bounded as follows containing by estimation about one quarter of an acre of Land — and all houses, buildings, gardens, yards, commodities, Hereditaments, and Appurtenances to the said house and part of a Lott belonging or in any wise appurtaining and the reversion and Reversions, Remainder and Remainders, Rents, Issues, and profits thereof and all the Estate,… whatsoever of him the
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said Benjamin C: Waller of, in, or to the same, or any part thereof … In Witness whereof the said Benjamin C. Waller hath hereunto set his hand and affixed his Seal the day & year first written.
Ben. C. Waller L. S.

From this deed of gift, Robert P. Waller is established upon a part of his father'slot near the dwelling house. This deed mentions the "Doctor's Shop" which stands upon a part of the Benjamin C. Waller lot. Could this have been the same doctor's shop referred to in Harwood's accounts to Waller as the "Office?" (See Harwood's Ledger B, 101, Illustration #2 in Appendix)- Robert P. Waller was a physician. It was the custom in Virginia for doctors to use an outbuilding in the yard as an office.

From 1814 to 1820, there seem to be no records which add anything to the history of lot 18, or lots 19 and 43 [which lie behind]. The tax records of Williamsburg show that Benjamin C. Waller held lots in the city from 1782 to 1820. [There seem to be no tax records before 1782.] In 1820, the year of Waller's death, he paid tax on one lot. The valuation for the buildings on the lot was $1000; sum for buildings and lot $1075. (See Illustration #1 in Appendix).

An abstract of the will of Benjamin Carter Waller is given below:

October 17, 1820

…I give unto my son Benjamin Waller the plantation called Byrds where he now lives, containing by survey 601 acres…the money arising from the Sale of the said tracts… purchased of Harrison, Elisha Bates, and his mother, and from the sale of the plantation formerly the property of Edward Bates deceased, also the money…from the sale of the land I purchased of Samuel Harrison…the slaves belonging to the plantation called Byrds also the negro man Daniel (son of old Gregory) Milly the wife of the said Daniel and their family of children…[in] fee simple… $1,000, to be paid in any manner my executors may determine.

8

I give unto my Daughter Martha Muse the sum of $5,000 to be paid to her in bonds or out of any other portion of my estate…

I give unto my grandson John Hoomes $1,000… [daughter Martha and husband, and grandson John must release any claim to Wm. Newman, son of late faithful servant Nanny …]

All the rest … to my sons William and Robert Page Waller, to be divided equally between them … [I emancipate servant Patty, and servant Henry when he is 28 & until then give Henry to Robert.]

I hereby constitute ... my sons William and Robert Page Waller executors.
Ben:C:Waller

From the will, it is evident that Benjamin Carter Waller had three sons, Benjamin, William and Robert Page Waller; and that William and Robert Page Waller were his executors. From the land holdings of Robert Page Waller and William Waller in the period which follows their father's death, it is reasonable to assume that they inherited lands adjacent to Williamsburg along Capitol Landing Road, and along Queen's Creek — which lands were part of the estate of Benjamin C. Waller, their father. They also came into possession of lot's in Williamsburg on Capital Landing Road about this time.1

At the time of his death, Benjamin Carter Waller paid tax in Williamsburg on one lot with value for lot and buildings — $1075. Tax valuations under the name of Robert P. Waller show that Waller was taxed in 1820 for one lot in Williamsburg with added value for lot and building, $525. It is strange that the tax records have no entry of the lot of Robert P. Waller's [until 1820], which his father, Benjamin C. Waller, gave him in 1834 by Deed of Gift. It looks as though the father continued to pay the yearly tax until his death. From 1820-1840, Robert P. Waller
9
is taxed each year for one lot, value $525. This lot is undoubtedly the one adjoining his father's lot. From 1820 to 1840, Robert Page Waller paid the Same tax on this lot. In 1840, it had a valuation of $700. In 1846, $2000. was added for new buildings erected in 1845. (See Illustration #1 In Appendix). From 1853 through 1861, J. B. Cosnahan occupied a lot owned by Robert P. Waller. Cosnahan had married a daughter of Waller. (See Benjamin Waller House History for interpretation of this lot; also Tax Chart in Illustration #1, Appendix to this report).

The Bucktrout Map, which was drawn about 1867, shows lot 18 marked "R. Waller." There are no names on lots 19 and 43.

In 1859, Robert P. Waller had purchased a lot in Williamsburg from his brother, Benjamin Waller, who at that time was a patient in the insane hospital in the city. This lot lay south of the Robert P. Waller lots, which would in all probability be lot 20 or 21. (Williamsburg and James
City Chancery Suits, -- "Estate of Benjamin Waller; -- Waller Exor. &c vs Waller," March 23, 1866; also, Nov. 26, 1866 - Notes copied and appended to this report).

The house of Benjamin Waller on the lot adjoining the Robert P. Waller house is described in the "Recollections of Williamsburg" by Charles:

"The next house on Waller street was a very large old dutch-roof frame known in the writer's time, as the Ben Waller House. This house stood about one hundred feet in the rear of the present residence of Mrs. Kelly, and an old man named Ben Waller lived there within the recollection of the writer. This Ben Waller may have been the son of the man for whom the Morecock residence is named. This old house disappeared many years ago.

The next residence on this street was called the "Clebourne" house which was a small story and a half frame building with dormer windows. The front porch was a short distance from the street, with yard filled with shrubs and flowers, which somewhat obscured the view. On the south side it adjoined the premises now owned by Capt. Lane, who now lives in the old home of Dr. Ro. P. Waller, who was the owner of more slaves, and the largest land owner in this section.

The premises on which Capt. Lane now lives appear much as they did years ago. The brick office in the front yard is said to have been used by Dr. Waller when he practiced medicine. The front yard was, up to a few years ago, enclosed with an attractive picket fence, but was removed a few year ago."

(Charles, Recollections, pp. 58, 59)

10

in 1869, there was a lien filed in James City Court against William Waller and Robert Page Waller by W. W. Vest, surviving partner of Vest and Cole merchants in Williamsburg. The sum involved was $5572.84. William Waller charged that he was insolvent. Robert Page Waller at the time of this judgment held large tracts of land in York County on Queen's Creek; also, divers lots of land in Williamsburg: to wit,"a lot of land & buildings thereon now occupied by William S. Morris1 & which the said Robert P. Waller purchased of William Waller, a lot of land adjoining the lot of Mrs. Mary Claiborne formerly owned by Benjamin Waller decd & purchased by sd Robert P. Waller under a decree of the circuit court of the city of Williamsburg & county of James City in the suit of Waller vs Waller & also a house & lot in the said city now occupied by said Robert P. Waller as a residence."(Chancery Suits - Nov. 26, 1869, Williamsburg and James City County Court. Copied notes appended to this report.)

Valuation of the real estate of Robert Page Waller at the time of this lien is given below:

An excerpt from the will of Robert Page Waller, signed Feb. 17, 1866; proved Sept. 9, 1872, is given below:

First. I give to my Wife Julia W. for & during the term of her natural life OneThousandDollars. per annum, to be received by her in lieu of her dower in my real estate, and her distributal portion of my personal estate, To pay this annuity of $1000.00 to my Wife, during her life. I charge the property hereinafter devised by me, mentioned in the Second, Third, fourth, fifth & Seventh Clauses of this my will, with the respective Sums mentioned in said Clauses.

Second. I give and devise to my Son HughMercerWaller, my mill with the fixtures, mill site and mill pond. in fee Simple and I charge the said property with the payment annually to my Said Wife Julia W. of Two hundredandfifty dollars, during her life. as part of the mentioned in the first Clause of this my Will

Third. I give and devise to my daughter CatharinePageLanghorne in fee Simple, The lot of land with the houses thereon in the City of Williamsburg whereon I now reside, also my farm, Known as the TownFarm, Containing as by survey made by William I. Morrisett in 1853. and mentioned on the plot as the "Home tract" Five hundred & Eighty Acres. & fourteen perches. also my land Known as "Sim Bryans" Containing as by Survey aforesaid, Two hundred. and Thirty Six acres, three rods & sixteen perches, and also my lot on the west side of the road leading from the City of Williamsburg to the Capitol Landing. Known as the "LivelyLot" Containing 13 acres 1 rod & 25 perches and charge the Said property with the payment, annually. to my Said Wife of Twohundreddollars. during her life;-…

Fourth. I give and devise to the children of my deceased son, Mathew P. Waller, my land on the EastSide of the road leading from the Capital landing to Rippon Hall, Containing as by survey by Wm I Morrisett, eleven hundred & forty nine acres three rods & two perches — in fee-Simple; — and charge the Same with the, payment, annually, to my Said Wife of Twohundreddollars during her life,…

Fifth. I give and devise to my, daughter Mary C. Mercer… in fee Simple my farm Called "Christians," and so much of my land adjoining the Same and most Convenient thereto, as will make up EightHundredAcres. and. I charge the Same with payment, annually, to my Said Wife of One hundred & Fifty Dollars. during her life…

Sixth. I give and devise to the children of my deceased daughter Louisa Cosnahan Six hundred acres of My land in fee Simple. to be laid off adjoining the land given my daughter
12
Mary C. Mercer. in the last proceeding Clause of this My Will.

Seventh. I give and devise to My daughter. Laura P. Morris, in fee Simple the lots and houses in the city of Williamsburg, purchased by me of William Waller, and I charge the Same with the payment, annually, to my said Wife of TwoHundreddollars. during her life, as part of the annuity mentioned in the first Clause of this My Will. I desire my said daughter to see that the grave Yard adjoining the garden is Kept in a Neat
Condition, and that the property hereby given does not pass out of the family. This is a Sacred bequest & charge.

Eighth. It is to be understood that the devise made by the Fourth. Clause of this My Will to the children of my son M P Waller, is not to interfere with the Saw Mill, now on the Same. while Dr William S Morris shall Continue his business there, Nor with a way to Said Mills through the Said land.

Ninth. All the rest and residue of my property, real and personal, I direct shall be devided into Sixequalparts, one part I give to my Son Hugh Mercer Waller; one part to my daughter Mary C. Mercer: one part to my daughter Laura P. Morris; on part to my daughter Catharine P. Langhorne, One part: to the Children of my deceased Son Mathew P. Waller, and one part, to the Children of my deceased daughter Louisa Cosnahan.

Tenth. …(Williamsburg Court Records, Will Book I, 200-03)

[2 codicils - See transcript of title in Accounting Department, for one that deals with Benjamin Waller property.]

SUMMARY:

From the source material, as found in Deeds of York County and Waller's Map (1749), no name appears an lot 18. But it is known that this area covered a large tract of land sold to Benjamin Waller by Mann Page. Lots 19 and 43 which are located just behind and to the east of lot 18, were in the possession of Benjamin Waller in 1763 when he offered them for sale. In 179l, the son of Waller, Benjamin Carter Waller was living on these lots. The Frenchman's map shows a house apparently on lot 18 and several outhouses to the east and southeast. The College Map gives "B. Waller" on lot 18, and also on lots 7 through 17 which adjoin lot 18. In 1814, Benjamin Carter Waller in a dead of gift relinquished all rights in the house in which his son, Robert P. Waller, resided "which said house is
13
at present used by the said Robert P. Waller as a Doctor's Shop--and stands upon the Lott upon which the dwelling house of the said Benjamin C. Waller is…" The Bucktrout-Lively Map (1867) shows lot 18 marked "R. Waller." At the time of his death Robert P. Waller was living on Waller Street in the house formerly occupied by his father, Benjamin Carter Waller. Evaluations on this residence in 1872 list it as $3500.

Footnotes

^1. A few years previous to this indenture, Benjamin Waller had deeded to his son, Benjamin Carter Waller, 96 acres on the east side of the Main Road leading from the city [Williamsburg] to Queen Mary's Port — land which was a part of the tract sold to Benjamin Waller by Benjamin Powell and wife of date, February 7, 1769:

March 5, 1783.Waller, Benjamin
Williamsburg
Carter, Benjamin
His son.

All that tract or parcel of land containing 96 acres lying and being in the Parish of Bruton, County of York, on the East side of the Main Road leading from the said city to Queen Mary's Port, and bounded as followeth:

Beginning at the head of the valley next below Mattey's School-house, and running down the said valley to a run of water dividing the said land from the land which the said Benjamin purchased of Mann Page, Esq., and the heirs of John Hubbard, dec'd, thence down the said run to a marsh on Queen's Creek, lately in the tenure of John Custis, Esq., dec'd, but now of the said Benjamin Carter, thence along the side of the said marsh to the land laid out for the said Queen Mary's Port, thence along the land of the said Port to the Main Road aforesaid, and thence along the said road to the beginning. Which said tract or parcel of land was sold the said Benjamin by Benjamin Powell and Annabella, his wife, by deed dated February 7, 1769 recorded in the General Court.

All woods, ways, etc. excepting and always reserving unto the said Benjamin Waller during his natural life, full and free license of cutting down and conveying away from any part of the said premises, such wood, timber and fencing stuff as he shall from time to time think necessary for his house and tenement in Williamsburg and his plantation in York County.

(York County Records, Deeds VII, 157)

^1. This map is sometimes designated, "The Unknown Draftsman's Map," in House Histories.

^1 On September 6, 1768, John Lewis bought property on Capitol Lending Road from Thomas Cobbs. (York County Records, Deeds VII, 421). In 1770, John Lewis advertised that he was removed "from New Kent to his house in this city, which was late the property of Mr. Thomas Cobbs, and is on the street leading to the Capitol landing, has opened store…" (Virginia Gazette, Purdie & Dixon, eds. Feb. 15, 1770)
. In 1778, John Lewis and wife sold to Cornelius De Forrest this lot "which he [Lewis] purchased of Thomas Cobbs and John Prentis, September 6, 1768." (York County Records, Deeds, VI, 94)
. In 1785, Benjamin Waller, Jr. [Benjamin Carter Waller was sometimes designated as Benjamin, Jr.] bought a lot from the estate of C. De Forrest. (Tax Transfers, Williamsburg). In January, 1791, Benjamin Waller and Catherine, his wife, sold
to Samuel Crawley "the houses and lots whereon the said Benjamin Waller lately lived in the city of Williamsburg, County of York and bounded as follows: On the East by the Street leading from the City of Williamsburg to the Capitol Landing, On the North by the lot of Robert Anderson, on the West by the lands of Robert Greenhow, and on the South by the lot of Sarah Stammers and the lots of Robey Coke, which said house and lots were sold to the said Benjamin Waller by Sarah De forrest."(York County Records, Deeds VI, 457)
. This tenement must have been located on the lot oppositeto lots 11 and 12 as Stammers is to the South, Greenhow to the West, and Capitol Landing Street to the East. It seems almost certain that Waller was living on this lot from around 1785 when he bought the lot from the De Forrest estate until January, 1791, when he sold to Samuel Crawley. As the tax transfers of 1794 show that Benjamin Waller sold 9 acres to Peter Bellett, this theory must be correct. (See College Map for these lots)

^1. See Tax reports in Illustration #1 of Appendix for holdings of Benjamin and William Waller, brothers of Robert Page Waller.

^1. This is the Benjamin Waller House. (See Illustration #1 in Appendix for tax history of this lot; also, Benjamin Waller House History, Department of Research)

Folder 45

Waller vs. Waller: Bonds for sale of lot

"July 10, 1884 M. R. Harrell and P. M. Thompson promise to pay to B. F. Bland and James N. Stubbs special commissioners in the suit of Waller vs Waller &
others, depending in the Circuit Court of the City of Williamsburg & County of James City, forty eight dollars and 29-1/3 cents, with legal
interest…being the second instalment of the deferred payments for the lot in the City of Williamsburg in the Bill and proceedings mentioned..."

Memo:
July 10, 1882 M. R. Harrell paid $1.24 cash payment on the sale of the lot made in Waller vs. Waller and three bonds each for $48.29-1/3 payable one, two, and three
years after date.

Mch. 23, 1866:
Waller Exor &c vs Waller & others Depositions — Deposition of John A. Henley, Clerk of Circuit Court in the City of Williamsburg and County of James City 1759-60-61 1l859?] "I know that Charles C. P. Waller was the Committee of Benjamin Waller his father who was an inmate of the Eastern Lunatic Asylum. I know that Benjamin Waller survived his wife. The said Benja Waller had but two children, the plaintiff in this suit and William J. Waller. I know that Benjamin Waller was an old man and previous to 1858 was unable to attend to the ordinary business of life. I know that he owned a vacant lot in the City of Williamsburg … On…1859 the said real estate was decreed to be sold … Robert P. Waller became the purchaser of the lot in the City of
Williamsburg and Joseph B. Cosnahan the purchaser of the real estate called 'Birds'…"

Folder 45 - pg. 1

Jan. 10, 1872
Charles C. P. Waller died seized of tract of land in James City Co. known as the Hobby containing 118 acres, value $1475.00. He also owned "Byrd's" in York County value $6000. This farm belonged to his father's estate.

2

Folder 45 - p. 2

1866 Nov. 26
The Estate of Benjamin Waller dead due account with Charles C. P. Waller Committee:
Robert P. Waller had purchased a house and lot in the city of Williamsburg from Benjamin Waller.

Note [by clerk] "Robert P. Waller purchased the house and lot in the City of Williamsburg, belonging to Benjamin Waller on the price of $500 and paid 2/3 of the purchase money & now owes $166 66 2/3 being the balance, with interest thereon from day of sale, which is supposed to have been about the 4th Monday in Septr or October of the year
1859…"

November 26, 1869
Judgment. Cole vs. Waller: Bill & Exhibits A B & C
(A)
"That at the November term 1869 of the court & on the 26th day of November 1869 your complainant in the style of W. W. Vest surviving partner of himself and Jesse Cole late merchants & partners trading under the style & firm of W W Vest & Co. who sues at the costs & for the benefit of Robert F Cole obtained judgment against William Waller & Robert P Waller for the sum of five thousand five hundred & seventy two dollars & eighty four cents … Your complt. is not advised that William Waller is possessed or entitled to any real estate but charges that he is [not legible] insolvent. But Robert P Waller is & was seized & possessed of large tracts of land in the county of York to wit a tract containing 2915 acres lying between Queen's Creek & Carter's Creek…a tract of 328 acres between Queen's Creek & City of Williamsburg, a tract of 487 acres between Queen's creek & Saunder's land & also a valuable grist mill; and also divers lots of land in the city of Williamsburg to wit, a lot of
3
land & buildings thereon now occupied by William S. Morris & which the said Robert P Waller purchased of William Waller, a lot of land adjoining the lot of Mrs. Mary Claiborne formerly owned by Benj. Waller decd & purchased by sd Robert P Waller under a decree of the circuit court of the city of Williamsburg & county of James City in the suit of Waller vs Waller & also a house & lot in said city now occupied by said Robert P Waller as a residence."

1869
(C)
[This was a lien upon all the real estate of Robert P Waller & William Waller.]
Oct. 6, 1869 Ro: P. Waller To Deed Trust Copy, Jno. C. Mercer Trustee … granted "also that lot of land with the houses thereon in the city of Williamsburg, now in the possession of William J. Morris and which the said Robert P. Waller purchased from William Waller reserving the grave yard on said lot…" April 25, 1872 Vest for Cole: Com. Rept. Waller vs Cole
Real estate of Robert P Waller at time of death
Lot (Residence) In the city of Williamsburg
fee simple value $3500.00
annual value thereof $ 200.00
Lively lot in city of Wmsburg
fee simple value $ 800.00
annual value thereof 40.00
Tanyard lot in city of Wmsburg,
fee simple value 200.00
annual value (unavailable)
fee simple value $4500.00
annual value 240.00
Lot in the city of Williamsburg occupied by Mrs. Morris
fee simple value $2900.00
[lien on this property by Vest for Cole]
1853
Hugh Mercer Waller, son of Robert P. Waller deed of gift — 1500 acres from Robert P. Waller

Illustration #2

Ledger of Humphrey Harwood of Williamsburg
Waller, Benjamin

B-

p-78

Dr

Mr Benjamin Waller junr

1785

th

March

12

To 12 bushels of Oats a 2/6

£1. 10. -

1786

January

26

To½bushel of lime a 72d (pr
year man)

-. -. 7½

£1. 10. 7½

Carried to Folio 101 - Setled

B-

Mr Benjamin
Waller.

Dr

p-101

Dr Brought from folio
78

£1.10. 7½

1786

th

Decemr

11

To Cutting away back to Chimney

-. 2. -

16

To 6 bushels of lime 6/. & underpining
Smoke House

-.16. -

To 1 Days labr 2./6

-. 2. 6

1787

February

5

To 13 bushels of Lime at 1/.

-. 13. -

To repairing the Kitchen & Landary Chimney
& Oven 7/6

-. 7-. 6

To 4 days labour a 2/6

-. 10. -

Sepr

18

To 1½ bushel of White-wash 2/. & white-washg
6 Rooms & passage at 4/6

1. 14.6

Novr

16

To 4 bushels of lime 4/. & Hair /6d

". 4. 6

To repairing plastering in Office 7/6 & labours Work 2/.

". 9. 6

Decemr

11

To
white-washing Office & White-wash 5/6

". 5-. 6

£6. 15.7½

1788

Benjamin
Waller Esqr

Dr

th

March

24

To 30 Bushels of Oats a 2/6 pr bushel

£ 3.15. -

2

C-20

Benjamin Waller Esqr

Dr

1789

th

August

28

To½bushel of Whitewash 9d
mortar & mending plaisterg 9d

£ -. 1. 6

To whitewashing 3 Rooms a 3/9

-. 11. 3

1790

April

20

To 13 bushels of lime at 9d
& underpining the Stable 10/

-. 19. 9

Octbr

10

To 4 bushels of lime at 9d
& 5 bushels of whitewash at 1/3

-. 9. 3

To whitewashing 18 Rooms a
2/.

1. 16. -

To do 7 Closets a 1/6

-. 10. 6

To mending plastering 2/6

-. 2. 6

O. 1793

25

To 2 bushels of lime by Minny for the
well 1/6

-. 1. 6

May

15th

To Whitewashing 2 Rooms a 3/9 & ½
Busl Whitewash a 2/

-- 8. 6

Vide Folio (10) Ledger D.

D-10

Benj: Waller Esqr

1793

th

Decr

16

To 2 days Hier of Nat a 4/. & 4
Busls Lime a 9d

-. 11. -

Illustration #3
Robert H. Waller lot

From Frenchman's Map 1782?

Waller
Lots
[drawn to scale from deed 1763]

PHOTOSTAT
COPY OF THE WILLIAMSBURG PLAT IN "WILLIAMSBURG, THE OLD COLONIAL
CAPITOL" BY LYON G. TYLER

Illustration #4

List of Waller Lots and Lands
York and James City Counties and Williamsburg

Card No.

Lot No.

Date

Comment

470

15

July 8, 1743

South side of Duke of Gloucester
Street

476

262

Feb. 15, 1774

North side of Nicholson Street

505

25

Feb. 17, 1748

Waller to Craig (Sadler) [school
property]

511

35-36

Mar. 19, 1749

Waller to Brown, Stephen (Butcher)

512

27

Mar. 19, 1749

Waller to Spurr (Bricklayer)

514

26

May 23, 1750

Waller & wife to Speirs (Cabinet
maker)

525

26

May 27, 1751

Spiers to Nicholson (Taylor)

529

21-22

Sept. 2, 1751

Waller & wife to Finnie
(Tavernkeeper)

537

262

May 12, 1752

Waller & wife to Jas. Carter
(Surgeon)

541

21&22

Aug. 8, 1752

"The Play House" - Finnie
& wife to Hallam (Comedian)

553

30?

Nov. 19, 1753

Waller & wife to Benjamin Powell
(Wheelwright)

554

28

Nov. 26, 1753

Waller & wife to Spurr
(Bricklayer)

562

21&22

Sept. 26, 1754

Waller & wife to Stretch

571

29

Mar. 28, 1755

Waller & wife to Spurr
(Bricklayer)

575

33

Nov. 10, 1756

Waller to Digges

576

34

Nov. 10, 1756

Waller to Powell

578

(on D. of G.)

Mar. 5, 1757

Waller & wife to Webb

580

24

?

Waller to Hansford

581

21&22?

Apr. 22, 1757

Stretch (Printer) to Finnie

582

31

July 20, 1757

Waller & wife to Powell

586

21&22

Dec. 15, 1757

Finnie & wife to Walthoe

589

36

May 2, 1758

Powell (Carpenter) to Brown, John
(Carpenter)

588

35-36

May 2, 1758

Powell to Brown, John

593

[4 & 5]? 4 Acres

May 17, 1758

Ford to Craig (Sadler)

596

1

Aug. 19, 1758,

Waller to Ford to Craig to Tuell

599

32

Sept. 8, 1758

Waller to Powell

607

?

July 16, 1759

Spurr to Waller

613

30?

Jan 8, 1760

Waller to Powell

625

1

Nov. 17, 1760

Tuell to Pearson & wife

646

802, 274, 275, 276

Mar. 18, 1763

Granted to Shields by Waller &
Prentis, Gent, 2 of the trustees or feoffees-Shields & wife to
Greenhow (Merchant)

669

5

Mar 18, 1763

Waller & wife to Pearson, William

676

19&43

May 1, 1763

Waller & wife to Benjamin Powell

681

(See #578)

Aug. 5, 1764

Webb's widow to Hunter

689

6

Sept. 16, 1765

(Mann Page to Waller) Pearson to Cobbs
& Cobbs

737

20

Feb. 6, 1772

Waller & wife to Elizabeth Carlos

738

20

Feb. 7, 1772

Carlos to Waller

743

30

May 1, 1772

"being part of the land purchased
by Benjamin Waller of Mann Page and lately added to the city" Powell
to Prentis

752

30&31

Aug. 15, l772

Powell to Lamb

756

30

July 5, 1773

Prentis to Hornsby

762

[22&22] See 562

Jan. 5, 1774

Marmillod, Hart & Hart to Campbell

770

31&32

Nov. 19, 1774

Powell & wife to Lamb

778

30

Apr. 14, 1777

Hornsby to Davenport

779

30

Apr. 16, 1777

Davenport to Hornsby

2

Card No.

Lot No.

Date

Comment

840

Mar. 5, 1783

96 acres east side of main road
leading to Queen Mary's Port

866

Jan. 12, 1791

On west side of street leading to
Capitol Landing

841

Mar. 4, 1783

17 acres on road leading to Queen
Mary's Port

851

Sept. 29, 1784

45 acres near lot 36, York Road

908

Mar 28, 1814

gift-house in which Robert Page Waller
lives

876

19 & 43

Oct. 1, 1791

east of Waller street leading to Queen
Mary's Port

882

Rippon Hall Mill

Jan. 25, 1801

York County

889

Apr. 11, 1803

Waller's land adjoins

936

Bellfield

Dec. 20, 1804

435 acres, York Co. adj. Benj. C.
Waller's land-Glebe lands

891

Jan. 25, 1805

40 acres - bound on west by lands of
Benjamin Carter Waller - near Porto Bello

913

Dec. 11, 1818

Pearman to Waller - 57 acres bounded
on all sides by Waller's lands

919

Jan. 24, 1820

65-9/10 acres near Waller's Pond

923

Bellfield

Aug. 13, 1820

434 acres - Andrews to Semple - adj.
lands of Benjamin C. Waller

922

Aug. 18, 1820

130 acres - Waller to Bryan

935

Aug. 19, 1820

Waller to Coke - lands on Queen's
Creek

925

Feb. 5, 1821

Pearman to Wm. Waller - part of B. C.
Waller's estate

List of Robert Page Waller's Lands and Lots
York and James City Counties and Williamsburg

927

July 2, 1821

Waller to Jarvis - The Glebe owned
Bruton Parish

929

July 25, 1821

Travis to Waller - "factory"
on Queen's Creek

930

July 25, 1821

Glebe lands sold to Waller - Capitol
landing

937

June 29, 1822

Coke to Waller - east side of road to
Capitol landing adj. the tannery - called Whaley's Free School

946

June 11, 1824

Pearson to Waller - Tanyard lot - 4
acres adj. lands of Waller

947

Oct. 30, 1824

Rankin to Waller, 65-9/10 acres

1618

June 20, 1838

Saunders to Gregory - bound on south
by lots of Robt. P. Waller

Southall Papers

Oct. 15, 1839

Deed trust - Sands to Southall - bound
by land of Robt. T. [?] Waller

July 10, 1841

Gregory to Griffin [?] bounded by lots
of R. R. P. Waller and road leading to Capitol landing on south

Feb. 21, 1843

Deed trust Griffin to Southall,
trustee, on west side road, to Capitol Lending bound on south by lots of
R. P. Waller and Robert M. Garrett

Feb. 21, 1843

Armistead & Southall to Griffin -
200 acres same description as above

June 3, 1844

lots adj. land of R. P. Waller on
north - called "Power's House"

3

Illustration #4

Lands of William Waller

Inventory
and Appraisement taken at Bellefield, April 27, 1799
Total appraisement£ 3214:3:0
Recorded, York Court, June 17, 1799; Ro:H:Waller cyc [Clerk York County ]
(Book 23, p. 531-533)

Virginia State Archives---List of
Land Tax---James City County

1791,

Waller, Robert

514 acres

£ 310:10:10

1789,

Waller, Benjamin

534 acres

"

1787,

Waller, Benj. Esq.

514 acres

"

1783,

Waller, Benj. Esq.

514 acres

"

1797,

Waller, Robert Hall

1450 acres

1798,

Waller, Robert Hall

1450 acres

1800,

Waller, Robt. H.

1450 acres

1810,

Waller, Robt. H. est

1444½ acres

Waller in Tax Transfers York County

1785

Benjamin Waller, Jr. bought of
Cornelius de Forrest's est. -10

1792

Patrick Robinson to Benjamin Waller -
1

1794

Benjamin Waller to Peter Bellott - 9

1795

Pat Robinson to Ben Waller - 1

1803

Robert Waller via Crawford - 3

1811

Benjamin C. Waller via Sands - 1

1814

Edmond Christian via Walker - 2

1816

Rachel Neustiss - 1 lot via Thomas C.
Lucas & wife in Williamsburg in the street called Woodpecker street
adjoining Benjamin Waller's land and the lot belonging to the
representatives of Miles Cary

1816

William Pearman - 1 lot via William
Waller trustee, the house & lot formerly the property of the said
Pearman, decd, the father of the said William

1816

William Waller - 1 via James Semple
and wife. House and lot in Williamsburg adjoining the lots of Mourton,
Christian and Powell

Transcript - p. 2
Williamsburg Will Book 1, p. 200-3

Robt. Waller gave his wife Julia $1000 a yr. for her
life. He left Laura P. Morris (daughter) the house he bought from Wm. Waller
[i.e. Waller house] (See part about graveyard)

Williamsburg Deed Book 2, p. 182-3
April 29, 1886

A lot of land with the buildings thereon, situate in the City of Williamsburg
containing about four acres more or less, of which Robert P. Waller died seized
and possessed and which was formerly in the possession of William S. Morris (the
grave yard on said lot and a right of way to and from the same being reserved)
(This is Benjamin Waller property.)

Journal of the Council of Virginia
Vol. II Benjamin Waller, chosen member of the Council
p. 246 - Dec. 22, 1778
MSS, Department of Research
1772 - Lyons, Peter
Nov. 25 Williamsburg, Va.
To John Norton, London

Norton Papers, p. 281
"…ask Benjamin Waller's relations who are coachmakers in London to make a
small, neat light post chariot for 2 small horses … painted color chariot sent
Waller…"

Medicine in Virginia in the Eighteenth Century
p. 114
…"Colonel John Waller's inventory shows eleven books an medicine in a
large general library. His father, John Waller, M. D., of Buckinghamshire,
England, had patented land in Virginia in 1667."

Copy of a letter written by Mrs. Emma Blacknall (Emma
Blow, granddaughter of Robert Hall Waller, son of Judge Benjamin Waller) This
letter was written many years ago.

Benjamin Waller was born Oct. 1, 1716. He was eminent long before and during the Revolutionary War, and resided in the City of Williamsburg. He was King's
Counciller and held other important offices under the crown of England previous to the War; but when the time came for the Colonies to shake off the yoke of
oppression he devoted his best energies to the noble cause, and was the friend and legal adviser of the leading men of that day. Washington and Jefferson were
intimate friends of his. They were often in his office consulting him and taking counsel of one so ripe in years and wisdom.

He was a descendant of the Wallers in England and had the same Coat of Arms which they use to this day. The original Seal which his ancestor brought to this
[country] I have in my possession. He married in 1746, Miss Martha Hall. They reared Thirteen children. Governor Tazewell's father married his Daughter
Dorothy Elizabeth. Our Grand-father Robert Hall Waller was his youngest son and inhabited his family residence in the City of Williamsburg. He married Miss
Nancy Camm of York County, in 1789, she was the daughter of the Rev. John Camm, President of William & Mary College and an Episcopal Minister.

He was sent from England to fill this position previous to the war, was loyal to his Country and his property was confiscated. Because of this his children were
not rich, but comfortable. I have a Medal which was bestowed upon him as an honor I suppose. He was a very learned man and must have been distinguished in
his own Country, as the Freedom of the City of Glasgow was found among his papers. For many years after his death (aunt Whitaker used to relate) there came
annually from England large trunks of handsome and useful [gifts?] from some unknown friend.

The Coat of Arms which I enclose for your inspection, you can return some day; you might have it photographed, if you wish a copy. The tradition connected with
it is this. The Armorial Bearings of the Waller family were at first, simply the Shield with the motto "Medie tutissimus ibis," but at the battle of
Argincourt in 1415 Sir Richard Waller captured the Duke of Orleans, for which act of bravery, the Crest was added of a fruit-bearing tree, with a shield
hanging on it, and the motto "Hec Fructus virtutis."

Sir Hardress Waller was a celebrated Republican General in the days of Oliver Cromwell, one of the Judges of Charles lot. It is supposed on the Restoration he
emigrated to this Country and was one of our branch of the Waller family. (?) You know we had an uncle by that name, which in an uncommon one...

Col. John Waller was the father of Judge Benj. Waller & first of the name in Virginia. He settled in King William County, which he Represented in the
House of Burgesses 1714, 1720-22. He afterwards removed to his Plantation "Newport" in Spottsylvania Co. where he died 1754. Will dated 1753;
proved 1754. He married Dorothy King, born 1675, died 1759. Will 1758; proved 1759. Issue: Benj. Waller born Oct. lst 1716, died May 18th 1786, in
Williamsburg, Va. He was Burgess for James City co. from 1744 to 1754 inclusive, and again in 1761. From 1779 until his death 1786 he was Judge of the Supreme
Court of Virginia

Note: Miss Luty Blow, Winter Haven, Florida, allowed me to copy this letter which her great-aunt had written years ago. I have not seen the original. She
has that in her possession. M. A. S.

Nov. 27, 1945.

Extract from a letter to George Blow from Mr. Stanard,
Virginia Genealogist

...
Dr. John Waller, of Newport Papnell, Bucks, had with other children two sons.. John, born Feb. 23d, 1673, and Edmund, born 1680, who was an M. D. and a Senior
Fellow of St. Johns' College Cambridge. In his Will, 1745, (Nov. 20th) he refers to his brother John Waller in Virginia.

Col. John Waller emigrated to Virginia, and first settled in King William County, which he represented in the House of Burgesses, Nov. 1714, Nov. 1720,
and May 1722. He afterwards removed to his Plantation "Newport" in Spottsylvania County where he died 1754. Will dated Aug. 1st 1753; Proved 1754.

Benjamin Waller, born Oct. 1st 1716. Died May 18th 1786, in Williamsburg, Va. He was Burgess for James City County from 1744 to 1754 inclusive, and again in
1761. From 1779 until his death 1786 he was Judge of the Supreme Court of Virginia.

Beaconsfield, Vol. 3, p. 181. Edmund Waller was born to something more substantial than Poetry, an ample patrimony, and is said to have manifested a
great desire to increase it. He was a member of Parliament and is said to have possessed an ease and eloquence in speaking that Prior Addison could never
attain. He was a politicion, but shifted sides so often, that all parties agreed to call him a mere Courtier and elegant Poet with a happy knack of paying
compliments.

It is related of him that when he found his end approaching, he desired to be-removed to the place of his birth, that like a hunted stag he might die in
the lair from which he was roused.

He was one of the Commissioners appointed to negotiate with Chas. 1st at Oxford 1643 but was won over by the royalists and entered into a conspiracy against the
House of Commons and was fined 10000 Lbs, and banished from the kinddom. After 8 years spent in exile he was allowed to return.